Sydney J. Chase, Appellant v. Julius J. Scavuzzo, Doing Business as Scavuzzo & Hart, Respondents

Summary

The New York Court of Appeals reversed the Appellate Division’s dismissal of the plaintiff’s complaint, holding that under CPLR 3216 a plaintiff cannot be dismissed for general delay unless the defendant first serves a 90‑day demand to file a note of issue; the defendants’ failure to serve such a demand barred dismissal.